Request for Reconsideration Case

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Sonnie, Amy, ed. Revolutionary Voices: A Multicultural Queer Youth Anthology. Los Angeles: Alyson Books, 2000. Print.

The Challenged Book

  • Sonnie, Amy, ed. Revolutionary Voices: A Multicultural Queer Youth Anthology. Los Angeles: Alyson Books, 2000. Print.

The Library Focused On

Burlington County Library System
Headquarters
5 Pioneer Boulevard
Westampton, NJ 08060
http://www.bcls.lib.nj.us/

Summary of Challenge

Type of library: Public
Objection: Sexual (Child Pornography)
Initiator of the challenge: Patron, Beverly Marinelli (who had ties to a local chapter of Glenn Beck's 9/12 Project, however, although this information may not have been explicitly disclosed to the library by the challenger herself)
Decision: All copies of the title were removed from library system
Comments: The Library did not follow its own established procedures for dealing with materials challenges. The challenger never submitted the Request for Reconsideration Form, so the challenge (which was initiated in approximately February 2010) was never "official." On April 27, 2010, the Library Commissioners met and decided to remove the book without an actual vote (one Commissioner recused herself). Complicating factors included a concurrent challenge for the same book (along with a few titles) that was initiated by the same "challenger" (B. Marinelli) at Rancocas Valley High School in nearby Mt. Holly, NJ. The RV High School challenge had garnered a good deal of media attention throughout the entire process, whereas, the unofficial Burlington County Library System challenge was able to avoid media attention (until after the book was removed from the system, that is).

Group Components

Request for Reconsideration Form

Collection Development Policy



One News Article (well, two)




Two Professional Reviews

  • Lloyd, Emily. "Revolutionary Voices (Book Review)." School Library Journal 47.2 (2001): 146. Academic Search Premier. EBSCO. Web. 15 May 2011.
  • Meyer, Randy. "Revolutionary Voices: A Multicultural Queer Youth Anthology. " The Booklist 1 Dec. 2000: Research Library, ProQuest. Web. 15 May. 2011.

Individual Components

Lisa Wynn (Con-Remove)




Notes re: Con Argument

Scenario: For the purposes of this assignment, where the BCL's own policy for challenges is followed (versus the actual events where the challenge was informally made, the committee included no staff members, etc.), I am presenting a letter to the review committee in support of the challenger, Beverly Marinelli.

Point 1 re: The book is obscene/contains child pornography - Legal support, professional library association's views (ALA vs. ___), ethical responsibility of library professionals, etc. (see Duthie and Moody below)
Point 2: Action: Do I necessarily need to recommend total removal from the system? Perhaps shelving in adult area (see Tunnell/Jacobs)?
Point 3: The book may be available via Interlibrary Loan to minors
Point 4: Titles that deal with the subject of teens/young people who are homosexual are available in the BCL (any other anthologies of writings??)

Process Paper:
  • The library did not follow own procedure in order to avoid media controversy
  • did Marinelli ever read RV in its entirety?
  • ALA maintains that only courts can decide what is obscene, and only then should items be removed from the shelf, however, a library taking this hard stance may dissuade would-be challengers who realize that to be successful, a court case must ensue. Library's can't realistically take this stance. The librarian must balance ethics, the law, and the level of acceptance of the ALA's/other professional organization's positions. The library must balance these same things, in view of it's mission and values, and in light of its role in the community.
  • The uncompromising tone of ALA re: IF can be counterbalanced with knowing the stance of other professional organizations and scholars (Duthie/Moody)
  • The final decider is typically Library Director, Superintendent, etc... Individuals with at least some level of political clout in the community and who are held accountable by the community


Duthie, Fiona. "Libraries and the ethics of censorship." The Australian Library Journal 59.3 (2010): 86+. Academic OneFile. Web. 21 May 2011.
"[The ALA's Intellectual Freedom Manual] gives an insight not only into a certain aspect of American culture, but also into the danger of allowing a mandate against authoritarian control to become equally dictatorial."
* * *
"In contrast to the Intellectual Freedom Manual, the professional code delivered by the American Society for Information Science and Technology is markedly mild and moderate, if overly generalised. It 'urges its members to be ever aware of the social, economic, cultural and political impacts of their actions' and to 'inform their employers, clients or sponsors of any circumstances that create a conflict of interest'. Evidently, though the injunction to avoid censorship is prevalent throughout America, some information sectors are rather more rigid in its interpretation than others."
* * *
"While the [Intellectual Freedom Manual] is adamant that censorship must always be avoided, in effect, [Kim Moody's article 'Covert Censorship in Libraries: A Discussion Paper'] demonstrates the incompatibility of the prohibition on censorship and its practical application. As Moody argues, officially the library and information profession is opposed to censorship, but battling manifestations of it, particularly when they appear in their more covert forms, is 'difficult and complex'."
* * *
"There is much to be admired in Moody's article. There is no obvious indication of prejudice and her work is clear and concise with insightful and wide-ranging ideas. Most significantly, Moody offers a wealth of practical experience garnered from various quarters to counterbalance the rather idealistic notion propagated by several professional organizations that censorship can and should be opposed in all cases. Indeed, at the essence of this article is practical advice. This article transports the reader from the relative security of straightforward and uncomplicated professional codes to the minutiae of everyday life in the library."
* * *
"Two forms of extremism are examined in this review--the extremist censorship described in Libricide and the extremist methods of avoiding censorship displayed by texts such as the Intellectual Freedom Manual. Both texts however, depict censorship as a moral affront. "
* * *


Allen, Ruth and Alison Kastner. "Feasting on Forbidden Fruit: How to Talk to Teens about Censorship." Teacher Librarian 30.2 (2002):18-20 (FIX CITATION!)
"We are careful to define our terms. Of course we talk about the concept of intellectual freedom, but we especially want them to understand the difference between banning, challenging and censoring. We point out that just because a book has been taken off the shelves in one school doesn't mean that the book is unavailable anywhere."


Moody, Kim. "Covert censorship in libraries: a discussion paper." The Australian Library Journal 54.2 (2005): 138+. Academic OneFile. Web. 21 May 2011.
"As both the International Federation of Library Associations and Institutions (IFLA) and the Australian Library and Information Association (ALIA) are opposed to censorship, the pros and cons of censorship itself will not be discussed: rather it will adopt the stance that censorship in libraries is undesirable, and explore the less overt, sometimes even unconscious forms of censorship which can occur in libraries. "
* * *
"Censorship encompasses those actions which significantly restrict free access to information. This can take many forms--some are overt, such as the classification scheme required under the Australian Classification (Publications, Films and Computer Games) Act 1995, but some are less obvious. Some forms of censorship are so unconscious that even the individuals perpetrating them have no idea that they are in fact censoring. Still other forms are systemic and can only be mitigated via deliberate action by librarians. It is these, more subtle forms of censorship in the library context that this paper aims to explore."
* * *
"If individuals are conscious of their own personal values and prejudices, they may be able to minimise the censorial influence of these biases on their professional role (Lee, 1998 & Schweinsburg, 1995). However, if the librarian is unaware of her own biases, self-censorship decisions can often be justified via claims of 'inaccuracy' or misguided concerns about 'balance' (Moody, 2004). "
* * *
"But which sections of the community are these librarians hoping to make 'welcome'? The loudest sections? The best-resourced sections, who can mount the most impressive opposition? The real question here is whether the librarian's allegiance is to the stated intellectual freedom standards of their profession, or to specific individuals or pressure groups within their communities. "



http://web.utk.edu/~wrobinso/560_lec_complain.html
"The American Library Association(ALA) has taken a strong intellectual freedom position in recent years and has issued a number of policies dealing with censorship issues. The Library Bill of Rights and other ALA intellectual freedom statements have no legal standing. They may be effective as examples of moral suasion, but they are not likely to have much impact on politicians, government officials, or the judiciary.
The ALA argues that librarians should say no to any censorship initiative. The collection should represent all viewpoints. For example, Holocaust denial literature should be included in the collection because it is a notable view. Collections should include false material. No material in the collection should be labeled or tagged to indicate its authenticity or authority. The collection should be a free marketplace of ideas--the correct, the popular, the weird, and the unpopular. Collections should be open to users of all ages. Only parents have the authority to limit what their children view, listen to, or read. Obviously, these views are unpopular with many adults, including most politicians. Some librarians are also critical. The library community faces an uphill battle in convincing most adults that censorship, especially involving children, is not an appropriate response to an "anything goes" society."
* * *
"Although some traditional library literature discusses censorship as if it was always a fight between the library knight and the oafish barbarian, there is a real tension between conflicting freedoms. For example, communities do have the freedom, through their elected officials, to affirm appropriate values, knowledge and skill. Parents do have the freedom to educate their children in a way that preserves family values. Information professionals should have the freedom to exercise professional judgment. Individuals, including children and teens, should have the freedom to fully develop to their potential by exploring issues and problems important to them. The point here is that censors are usually people who care deeply about their children, their family, and the community. They want to do the "right thing." They also believe strongly in the power of reading, viewing, and listening to change human behavior.
Having said that, as Don Sager says, "at stake will be the library's funding, its public image, community relations, staff morale, and public service, as well as the public's right to read, view, listen, and learn.""
* * *
"One of the reasons that censors are particularly concerned with items in a library is that inclusion in a professionally selected collection gives items legitimacy. Would information professionals select an item that is not accurate or good? We know that the correct response is yes because of the professional need to develop diverse collections. However, this is not intuitive. Censors often feel that selection is an endorsement that will make controversial material more believable."
* * *
"In essence, the case for intellectual freedom is simply that there are no easy answers to complex problems. Preventing access to suicide books will not prevent suicide. What is good and true is not always easily identified. Good people will differ. Educated, thoughtful people will differ.
The intellectual freedom advocate believes that individuals can eventually discriminate between the good and the evil, the true and the untrue. This ability is strengthened through use. Exposure to different views and values challenges individuals to examine, evaluate, and grow. Without this experience, individuals are more likely to be manipulated, especially by mass media.
The intellectual freedom advocate believes that only parents are responsible for what their children read, view, and listen to. Adults are responsible for selecting what they read, view, or listen to. No politician, advocacy group, or individual should determine what adults read (if it is legal). Democracy depends on the search for truth."
* * *
"When a controversial item is being discussed, it is important to be able to demonstrate why an item was selected. Items which meet a particular, recognized need or have been requested by users are easier to defend. Some selectors maintain decision files with reviews and rationales for items selected that are likely to be challenged . We select different items for different audiences. Not everyone will share the values and interests of any particular community member or group. We will select material to meet your needs while selecting material to meet their needs too. They also pay taxes and live in the community."
* * *
"It is easier to defend a controversial item when the collections include diverse religious, spiritual, and political opinion. You should include material by and about organizations involved in censorship so that their views are heard."
* * *
"As mentioned above when discussing tensions, not every complaint is a fight between good and evil. Community members have a right to complain about items in the collection or items that should be in the collection. All complaints should be treated with courtesy and empathy. Library staff need to be good listeners. They explain the process, but do not defend it. The complaint handling process should be efficient and effective. Responses should be available in a timely manner. Those who complain should not be demonized or categorized as foolish. It may even be possible that the complaint is warranted and that an item should be removed from the collection or placed in a different collection."



http://annoyedlibrarian.blogspot.com/2007/02/local-libraries-censorship-and.html
"But things have changed, and the ALA still seems to think it's the 1940s and that there's a danger we won't have competing sources of information. With the relaxation of moral standards in the last 50 years and the increasing availability of sources of information on the Internet as well as in print, this argument isn't viable anymore. It just looks like some librarians are desperate to live in a repressive society so they can have something to protest."
* * *
"This is another bone I have picked with the ALA--making everything into "information" is intellectually and morally sloppy and makes it impossible to rationally defend or criticize anything. If it's all just "information," then why do I need this particular book? Or why not get this book but not provide access to government information or useful reference sources or political books?"
* * *
"The only time selection metamorphoses into "censorship" is when somebody outside that local population doesn't like the way a library selects for its local population. The Banned Books folks with their sloppy word "information" deny that librarians engage in selection.
But I ask the intellectually and morally relativistic people who get so worked up over these books--what positive reason could you provide that this book should be purchased by any given library? You can't make an argument, because you've forsaken any intellectual standards of judgment when you collapsed everything into "information." "
* * *
Saunders, Kevin W. "Censorship Should Be Used for the Protection of Children." Censorship. Ed. Andrea C. Nakaya. San Diego: Greenhaven Press, 2005. Opposing Viewpoints. Gale Opposing Viewpoints In Context. Web. 22 May 2011.
http://ic.galegroup.com.proxy2.ulib.iupui.edu/ic/ovic/ViewpointsDetailsPage/ViewpointsDetailsWindow?displayGroupName=Viewpoints&disableHighlighting=false&prodId=OVIC&action=e&windowstate=normal&catId=&documentId=GALE|EJ3010113275&mode=view&
"Paternalism Is Appropriate for Children
Children, however, are not equals in this regard. Knowing what one's best interests are requires an ability to make judgments that children, depending on their age, may completely lack or that may be insufficiently developed in them. "Paternalism" means acting like a father. That may be inappropriate when the action is toward an adult, but it is completely appropriate when a father or mother acts that way toward his or her child. Children need to be taught how to act, both when the acts involved may have an effect on others and when the issue is what is in the child's own best interests. The same is true when the issue is what to read or see. There may be no right to interfere with an adult's decisions as to the materials he or she believes contribute to understanding or happiness. With children, however, it is appropriate for parents to decide what materials run counter to their child becoming the sort of person they think the child should be and to refuse to allow the child access to those materials.
The state also serves a role with regard to children that is, in a sense, parental.... The role of the state, so long as the parents are not unfit, is secondary to the parents, but just as preventing non-parents from selling tobacco to minors is not objectionably paternalistic, limiting the ability of non-parents to distribute harmful media to children should not be objectionably paternalistic."
* * *
"Society may have a right to make people morally better, but it has the period of minority to do so. Children must be trained, morally as well as in other areas. They need to be made into the morally best people they can be, but the project should be relatively complete by the time the child reaches the age of majority. To carry it on beyond that age is disrespectful of the equality of the individual. To engage in the task before the age of majority is to recognize that children are, in fact, not equals, in a sense, and that they need help in their development. The acceptance of a strong First Amendment for adults and a weaker First Amendment for children would allow society to protect children's best interests as well as its own."
* * *
http://www.bcls.lib.nj.us/about/history.shtml
BCL's Mission
"Our Mission
Adapting quickly and effectively to the dynamics of the information age, the Burlington County Library System as a gateway and guide to ideas, information and entertainment will:
* Respond to the informational needs of the Burlington County community using the latest technology to link local, national and global resources;
* Ensure access to extensive and relevant print, audio-visual and electronic resources for the community;
* Anticipate and satisfy the educational, cultural, business and recreational interests of the community, including those of individuals with special needs;
* Develop and provide inviting facilities and welcoming environments along with a friendly, knowledgeable staff to create a vital community resource for lifelong learning."
Mazur, Marilyn C., and Joan E. Bertin. "Sexual Material Is Too Widely Censored." Censorship. Ed. Julia Bauder. Detroit: Greenhaven Press, 2001. Current Controversies. Gale Opposing Viewpoints In Context. Web. 22 May 2011.
Document URL
http://ic.galegroup.com.proxy2.ulib.iupui.edu/ic/ovic/ViewpointsDetailsPage/ViewpointsDetailsWindow?displayGroupName=Viewpoints&disableHighlighting=false&prodId=OVIC&action=2&catId=&documentId=GALE%7CEJ3010037218&userGroupName=ind23896&jsid=006e6ae9be8795030eba3f11a81bdbf4
"[Ginsberg v. New York] limited minors' access to material with sexual content, but that is not the end of the story. In New York v. Ferber, the Court also upheld restrictions on various depictions of minors that are or could be considered sexual. The Court recognized the potential overbreadth of the statute—which could apply not only to child pornography, but also to a National Geographic photographic essay on tribal rites, ancient Greek art, and textbooks showing the effects of child sexual abuse or genital mutilation—but upheld it, citing the compelling need to protect actual children from possible exploitation by child pornographers. Left open was the question whether material apparently prohibited under the statute would be protected if it had literary, historical, scientific, or artistic value. That question remains unanswered, but since then the Court has demonstrated continued concern about possible exploitation of children used to create sexual materials, and upheld a law criminalizing an adult's possession of child pornography in his own home.
* * *
18 U.S.C. § 2252A. Web. 21 May 2011. <http://codes.lp.findlaw.com/uscode/18/I/110/2252A>










18 U.S.C. § 2259: Definitions for 18 U.S.C. CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN. Web. 21 May 2011. <http://www.law.cornell.edu/uscode/718/usc_sec_18_00002256----000-.html>
Definitions for 18 U.S.C. CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
"For the purposes of this chapter, the term—
... “minor” means any person under the age of eighteen years..."
* * *
" ... “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct."
* * *
"...(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults."


Hudson, Jr., David L. "INTERNET AND FIRST AMENDMENT: Virtual Child Pornography." First Amendment Center (Online). Vanderbilt University, Jul. 2009. Web. 21 May 2011. <http://www.firstamendmentcenter.org/virtual-child-pornography>
"Another section of the PROTECT Act makes it clear that obscene child pornography in any form — including cartoons — is still unlawful and not entitled to any First Amendment protection.
The law says in part that anyone who “knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or
(2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so” shall be subject to penalties provided by law."



18 U.S.C. § 1466A. Web. 21 May 2011. <http://www.law.cornell.edu/uscode/718/usc_sec_18_00002256----000-.html>
"Obscene visual representations of the sexual abuse of children
(a) In General.— Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—
(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(1), including the penalties provided for cases involving a prior conviction.
(b) Additional Offenses.— Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—
(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(2), including the penalties provided for cases involving a prior conviction.
(c) Nonrequired Element of Offense.— It is not a required element of any offense under this section that the minor depicted actually exist."
* * *
"(e) Affirmative Defense.— It shall be an affirmative defense to a charge of violating subsection (b) that the defendant—
(1) possessed less than 3 such visual depictions; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction—
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
(f) Definitions.— For purposes of this section—
(1) the term “visual depiction” includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means;
(2) the term “sexually explicit conduct” has the meaning given the term in section 2256 (2)(A) or 2256 (2)(B); and
(3) the term “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted."

New Jersey Library Association's Statement Regarding Removal of Revolutionary Voices
http://www.njla.org/statements/revolutionaryvoices.pdf
  • "NJLA affirms the principles of intellectual freedom and objects to the removal of Revolutionary Voices from Rancocas Valley Regional High School and the Burlington County Library System. According to press reports and public records, the book was removed from these libraries because of hostility to its content."



Excellent slideshow re: this case:
http://www.slideshare.net/alsonnie/raising-the-chorus-cla-presentation-nov2010



New Jersey ACLU open records requests show book removal decisions history
http://blog.librarylaw.com/librarylaw/2010/07/an-active-censorship-campaign-is-underway-in-new-jersey--to-remove-a-book-entitled-revolutionary-voices-an-anthology-of--li.html

  • "...The ACLU found that a public library had also received an informal complaint from the same individual, that staff recommended removal, and that the library commission also voted to remove the title. In contrast, the library did not appear to follow its own policies for handling challenges of controversial materials. The open records documents (see below) show that the reasoning for taking the book off the shelves is because it is "child pornography."
  • The ACLU has asked other regional libraries whether they have similarly removed the volume from their collections and, if so, whether they followed their deselection policies. A second school library is missing the title, and at present is not replacing it.
  • The take-home message for libraries, especially public institutions, is that book removal policies are immensely important. Libraries can protect themselves against exposure to lawsuits, if they adopt procedures for handling challenges http://www.ala.org/ala/issuesadvocacy/banned/challengeslibrarymaterials/copingwithchallenges/conductingchallenge/index.cfm and for "weeding," -- and then exercise care to follow those procedures carefully.
  • Thank you to ACLU-NJ for Open Records documents.
  • OPEN RECORDS REQUEST DOCUMENTS:

  • Press coverage of School #1 and background including LibraryLaw interview with author
  • Public Library emails - removal of book
  • Public Library Controversial Materials policy
  • School #2 correspondence - missing copy"


Per http://www.ala.org/ala/newspresscenter/mediapresscenter/americaslibraries2011/intellectualfreedom.cfm

  • ""Revolutionary Voices" stilled in New Jersey school and public libraries
  • A complaint from a resident of Burlington County, N.J., led to the removal of a critically acclaimed anthology written by young people, for young people, from both the high school and public libraries last summer. “Revolutionary Voices: A Multicultural Queer Youth Anthology,” named as one of the best adult books for high school students by School Library Journal in 2001, was banned from the Rancocas Valley Regional High School in May and from the Burlington County Library System in July. The complaint came from a local member of Glenn Beck’s 9/12 Project, who called the book “pervasively vulgar, obscene, and inappropriate.” (The removal of this book from both school and public libraries was particularly significant because the book is out of print and usually sells for more than $50.)
  • The OIF worked closely with Rancocas Valley school librarian Dee Venuto in opposing the ban, and the controversy inspired local artists to stage a series of theatrical readings from Revolutionary Voices, drawing attention to the book’s removal and to the strong community of free-speech advocates who opposed the libraries’ decisions.
  • Whatever the challenges, freedom-to-read boosters could take heart in the vociferous public disapproval expressed when WikiLeaks’ release of diplomatic cables in late 2010 led the Library of Congress to block the WikiLeaks site for LC staff as well as patrons."


NJ Library, Citing Child Pornography, Removes GLBT Book
http://www.schoollibraryjournal.com/slj/home/886066-312/nj_library_citing_child_pornography.html.csp

  • "Edited by Amy Sonnie of the Banned Librarian, Revolutionary Voices was named by School Library Journal in 2001 as one of the best adult books for high school students and was celebrated by the Gay, Lesbian and Straight Education Network (GLSEN) as "the first creative resource by and for queer and questioning youth of every color, class, religion, gender and ability.""
  • ***
  • "BCLS's formal process for handling controversial materials, as found in documents obtained by the ACLU, states that patrons must fill out a Request for Reconsideration form, and then a "committee of staff selectors as designated by the Library Director will review the material in question."
  • The American Library Association recommends that every library have a written policy in place explaining how books are selected for library circulation. And many public libraries use a formal process when handling challenges.
  • "It's considered best practice to have a formal process, and a written request," says Lindsey Dunn, a teen librarian for the Eva Perry Regional Library in Wake County, N.C. who sits on a committee that looks into book challenges for its library system. "It allows for not just one person's opinion."
  • In the case of BCLS's removal of Revolutionary Voices, an informal, rather than formal written request appears to have been made. In addition, Sweet's email indicates that the committee was made up of her and one other person.
  • Assistant director Margaret Delaney confirmed that she is the "Marge" mentioned in Sweet's email as also recommending the book's removal, but she's not allowed to talk about the situation.
  • "Gail told me," says Delaney, when questioned about who instructed her not to speak about the book's removal."


http://www.revolutionaryreadings.com/
revolutionary readings, a new social issue piece, is a theatrical reading of revolutionary voices, the 2000 literary anthology edited by amy sonnie. the readings are in response to decisions made by the rancocas valley regional high school board of education & burlington county library system to remove the book from their libraries. this theatrical reading project is conceived by young theatre artists.



Key Players at Burlington County Library RE: Revolutionary Voices Request for Reconsideration

Source: http://blog.librarylaw.com/files/burlingtoncountylibrary.pdf
Beverly Marinelli - objector (source re address/phone number: http://www.hearthstoneatwoodfield.info/pdf/bctdbc.pdf) (on lumberton township committee: http://www.hearthstoneatwoodfield.info/pdf/bctdbc.pdf) (connection to local chapter of Glenn Beck's 9/12 Project :
http://tpmmuckraker.talkingpointsmemo.com/2010/08/nj_public_library_removes_lgbt_book_after_request.php#more)
Gail Sweet, Library Director
Patrick Delany, a Library Commissioner
March 16, 2010 - At a meeting that morning, Delany related that Marinelli had contacted him with "concerns about several books we have in the library system." By letter of this same date, Sweet provides information about the selection proess/collection development policy and the RforR form, and asked Marinelli to return the forms to Sweet's attention to start the review process (cc to Library Commission)
Burlington County Library System
http://www.bcls.lib.nj.us/
Contact Us
http://www.bcls.lib.nj.us/contacts.shtml
Policies
http://www.bcls.lib.nj.us/about/borrowing.shtml
http://www.bcls.lib.nj.us/faq_borrowing.html
WHERE ARE THE POLICES ABOUT REQUEST FOR RECONSIDERATION?
via adv. google search for pdf docs
5/20/11 email to BCL from me:
Hi. If there's a book I want to request that isn't in your catalog, but I'm not 18, am I allowed to make an interlibrary loan request? At my old library in Indiana, they told me I wasn't old enough.
Thank you.
Alisa


18 Feb. 2010
11:13 PM
Subject: links
From Marinelli
To Marinelli
Marinelli emailed herself 2 links that she goes on to forward to Sweet on approx. 8 April 2010 after having met in person with Sweet on April 8th.
http://gatewaypundit.rightnetwork.com/2009/12/breaking-obamas-safe-schools-czar-is-promoting-porn-in-the-classroom-kevin-jennings-and-the-glsen-reading-list/
http://biggovernment.com/jhoft/2009/12/08/fistgate-ii-high-school-students-given-fisting-kits-at-kevin-jennings-2001-glsen-conference/


8 Apr. 2010
12:37 PM
Subject: Re: links
From Sweet
To Marinelli
Sweet responds to what looks to be the April 8th email from Marinelli, sharing the two links above and thanking Sweet for meeting with her. Marinelli states she had referenced the links in the meeting and "I hope they work." Sweet's response thanks Marinelli and calls the links "Most interesting." and says she'll be speaking to Marinelli after the "commissions (sic) meeting"


19 Apr. 2010
2:57 PM
Subject: commission meeting
From Sweet
To Marinelli
Sweet emails Marinelli because the commission meeting was rescheduled from April 20th to April 27th due to a "potential quorum problem" and assured Marinelli that her "concerns about 'Revolutionary Voices'" was not being ignored, promising to "be in touch next week."


27 April 2010
11:52 AM
Subject: Revolutionary Voices
From Sweet
To Marinelli

"The Library Commissioners supported our staff recommendation to remove 'Revolutionary Voices' from our shelves. As the copies that are checked out return, we will take them out of circulation.
We appreciate your interest in the library."

27 April 2010
1:32 PM
Subject: RE: Revolutionary Voices
From Marinelli
To Sweet

Marinelli responds that she is pleased and states "I would like to think (sic) you for your co-operation." Marinelli states she has questions and asks Sweet to call her, providing her home and cell number.

(Handwritten note by Sweet)
28 April 2010
Sweet notes she called Marinelli and answered her question about who was on the commission, also telling Marinelli that "Jeanne recused herself"

3 May 2010
6:14 pm
Subject: revolutionary voices
From Sweet
To Kim Gould and another unnamed recipient (from the email address @bcls.lib.nj.us, the recipients are BCL employees)
Sweet tells the recipients to pull RV from the shelves and points out there are 2 holds placed on it. "How can we grab the books so that they never, ever get back into ccirculation (sic). Copies need to totally disappear (as in not a good idea to send copies to the book sale)."

12 May 2010
3:25 PM
Subject: Re: philly inquirer
From Sweet
To asomes1@aol.com (Mandy)
Sweet responds to Mandy's email about having gotten calls from the inquirer for "information on the library." Mandy did not answer the calls and writes to Sweet about whether there is something she should be aware of. Sweet tells Mandy that it was about RV. "Pat and I both talked to the reporter. What I said is that the commissioners supported the staff recommendation that the book be removed from our shelves. Normally we would not have involved the commissioners but in this case we did because we thought there might be some press interest based on the Board of Ed decision to remove the book from Rancocas Valley High School. I told him that we made the decision prior to the Board of Ed decision and that we do not like to remove books. It was felt, however, that the book was not appropriate."


24 May 2010
3:59
Subject: Re: Revolutionary Voices
From Sweet
To Andy Woodworth, Librarian, Bordentown Library Branch of BCL
Sweet responds to Woodworth's email asking what the story is about the decision to remove RV since he was curious. Sweet responds that they "we" were aware of Rancocas Valley High's challenge "and took a look at the book. It was recommended by Marge and me that the book be removed. The commissioners supported our decision. There was no official challenge, no actual vote by the commissioners. We made the decision before the Board of Ed decided the book at RV."

25 May 2010
11:45 AM
Subject: Re: Revolutionary Voices
From Sweet
To Woodworth
Sweet responds to Woodworth's follow up email asking what the basis was for removing RV. Sweet writes 2 words in the entire body of this email: "Child pornography."

4 June 2010
8:13 AM
Subject: FW: Google Alert - Beverly Marinelli
From Marinelli
To Sweet
Marinelli, signing her email as "Bev" had come across an alert that her name was mentioned in a blog post in relation to a Philadelphia Enquirer story about the books' removal at RV High School. Marinelli asks sweet "Who/what is this Blog?" (the blog link: http://yzocaet.blogspot.com/2010/06/first-school-library-then-public.html) (The Philly Inquirer article is at http://webcache.googleusercontent.com/search?q=cache:mxBWVjJfd0AJ:articles.philly.com/2010-05-05/news/24958597_1_school-board-education-fund-books+philly.com+marinelli+revolutionary+voices&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a&source=www.google.com)



7 June 2010
9:40 AM
Subject: RE: FW: Google Alert - Beverly Marinelli
From Sweet
To Marinelli
Sweet tells M that she's unfamiliar with the blog, and that it "Doesn't look particularly official." Sweet says it's likely a personal opinion blog but that she'll look into it, apologizing for her delayed response since she was on vacation.


7 June 2010
12:26 PM
Subject: RE: FW: Google Alert - Beverly Marinelli
From Marinelli
To Sweet
M responds that S need not do any further looking into the blog, adding she is curious about how "they" heard about the removal. "I am aware of the reporter talking to Pat & you and I thoroughly expected to see an artless in the paper the next day but it never happened. That same reporter weeks before asked me if the book was in the local library and I said I didn't know!"



Sources Consulted for Drafting Beverly Marinelli's Fictional Burlington County Library System Request for Reconsideration Form for her 2010 Challenge of Revolutionary Voices, Edited by Amy Sonnie

I. B. Marinelli's Contact Information
Source:
Kinney, Monica Yant. "Working to Shelve Students' Book Choices." Philadelphia Inquirer (Online) 2 May 2010, Web. 22 May 2011. Quoted in full at <http://blog.njla.org/archives/2010/05/working_to_shelve_students_boo.html>
"SCRAPBOOK: Things You Should Know About Burlington County As Reported by the Burlington County Times." Hearthstone at Woodfield (Online). 29 June 2008. Web. 21 May 2011. <http://www.hearthstoneatwoodfield.info/pdf/bctdbc.pdf>
II. Answers to Other Questions:
Sources:
Burlington County Library Emails Regarding the Decision to Remove Revolutionary Voices, Produced Pursuant to New Jersey ACLU Open Records Request. 2010. LibraryLaw Blog. 18 Feb.-7 Jun. 2010. Web. 17 May 2011. <http://blog.librarylaw.com/files/foiaemails.pdf>
Hoft, Jim. "Breaking: Obama's "Safe Schools Czar" Is Promoting Child Porn in the Classroom– Kevin Jennings and the GLSEN Reading List." RIGHTNETWORK (Online). 4 Dec. 2009. Web. 20 May 2011. <http://gatewaypundit.rightnetwork.com/2009/12/breaking-obamas-safe-schools-czar-is-promoting-porn-in-the-classroom-kevin-jennings-and-the-glsen-reading-list/>
Kinney, Monica Yant. "Working to Shelve Students' Book Choices." Philadelphia Inquirer (Online) 2 May 2010, Web. 22 May 2011. Quoted in full at <http://blog.njla.org/archives/2010/05/working_to_shelve_students_boo.html>
Osborne, James. "Burlco School Board Bans Book on Homosexuality." Philadelphia Inquirer (Online) 10 May 2010, Web. 22 May 2011. Cached at <http://webcache.googleusercontent.com/search?q=cache:mxBWVjJfd0AJ:articles.philly.com/2010-05-05/news/24958597_1_school-board-education-fund-books+philly.com+marinelli+revolutionary+voices&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a&source=www.google.com>
Rayfield, Jillian. "NJ Library Removes LGBT Book After Complaint From Member Of Glenn Beck's 9/12 Movement." TPMMuckraker (Online). 4 Aug. 2010. Web. 21 May 2011.
<http://tpmmuckraker.talkingpointsmemo.com/2010/08/nj_public_library_removes_lgbt_book_after_request.php#more>
Search Results: Burlington County Library System's (Westampton, NJ) Online Catalog, Subject: Gay teenagers. Burlington County Library System (Online). Web. 21 May 2011. <http://hip.bcls.lib.nj.us/ipac20/ipac.jsp?session=13D6F067T4232.1522&profile=hq&uindex=SW&term=Gay%20teenagers.&aspect=basic_search&menu=search&source=~!horizon>






5 May 2010
Osborne, James. "Burlco School Board Bans Book on Homosexuality." Philadelphia Inquirer (Online) 10 May 2010, Web. 22 May 2011. <http://webcache.googleusercontent.com/search?q=cache:mxBWVjJfd0AJ:articles.philly.com/2010-05-05/news/24958597_1_school-board-education-fund-books+philly.com+marinelli+revolutionary+voices&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a&source=www.google.com>
"The proposed ban carried with it political undertones. The national 9.12 group has called for the resignation of Kevin Jennings as assistant deputy secretary for the Office of Safe and Drug-Free Schools in the U.S. Department of Education. Jennings, who is openly gay, is the former head of the Gay, Lesbian and Straight Education Network.
In past weeks, the school district has received correspondence offering legal advice from national groups including the American Library Association and the Lambda Legal Defense and Education Fund, a civil-rights group representing gays, lesbians, and people with HIV/AIDS, Moskalski said."
* * *
Maryann Lange, a mother of five in Lumberton with two sons at the high school, decided to read the books after hearing about the proposed ban.
She said that for the most part, the stories and material were sensible and in good taste, the sort of thing that might help teenagers struggling to figure out their sexuality. But certain sections of Revolutionary Voices, including a piece about a "gay porn star," Lange said, were distasteful and "without educational value."
* * *
"One element of Revolutionary Voices that drew considerable attention in Burlington County was a drawing of one man bent at the waist with another man standing behind him. Most took that as a depiction of a sexual act.
The author of the book, Amy Sonnie of Oakland, Calif., said in an e-mail to The Inquirer this week that the drawing was actually a stock image of one man hiking a football to another."


Notes RE: Stock Football Picture


Lisa's Draft Comments
The fact that the depiction of two ambiguous figures is paired with a depiction of an adult male scout leader standing behind and very close to a young scout boy can be interpreted as a suggestion that the ambiguous figures are also an adult male scout leader doing something behind a young scout boy. The phrase "boy to man" at the top of the etching, coupled with the piece's title, "A Process of Change" is also significant. Do these two phrases make any sense if the ambiguous depiction is mean to be interpreted as simply two people engaging in a football play? The editor of Revolutionary Voices, Amy Sonnie, apparently sent an e-mail to The Philadelphia Inquirer stating that the ambigous depiction is a stock image of one man hiking a football to another (

---- picture could be easily misinterpreted. I wouldn't be surprised to learn that the artist had selected it specifically because of its ambiguity, although I have no way to determine that. Such ambiguity comes nowhere near to constituting legal obscenity, however. ("New Jersey Libraries Remove LGBT Book").

FINISH THIS BY USING INFO BELOW ... INCLUDE THAT THE OTHER ETCHINGS IN THE SERIES FURTHER SUPPORTS THE ARTIST'S INTENTION TO EVOKE THE NOTION THAT THE GRAPHIC DEPICTS ANAL SEX BETWEEN A SCOUT LEADER AND BOY SCOUT.
at the very least the ambiguous figure implies an "erotic nature of sports" (Hanna quoting Daryl Vocat)

As evidenced by Vocat's own website, the artist has an extensive body of work to pull from (some pieces more overtly sexually graphic than others), and it is unfortate that this particular etching was chosen. Vocat's website includes numerous writings that imply that he has to be aware interpretive nature of the particular piece, "Process of Change," and he has to realize that he has placed enough graphic and textual cues in this piece that Vocat, himself, would ultimately concede that someone looking at the ambiguous figures is led by him, as the artist, to be able to easily interpret the manipulated graphic of two men engaged in a football play as an older man performing anal sex on a young boy.




RANDOM EXCERPT
"Notably, the Gateway Pundit post that Marinelli linked to is mostly targeting Kevin Jennings, who the right-wing accused of having a “pro-homosexual agenda” after President Obama nominated him as director of the Office of Safe and Drug-Free Schools" ("New Jersey Libraries Remove LGBT Book").

Some Sources
"New Jersey Libraries Remove LGBT Book." North Dakota Library Association Intellectual Freedom Blog. 4 Aug. 2010. Web. 23 May 2011. <http://ndlaonline.org/ifblog/?tag=new-jersey>

Hanna, Deirdre. "Unplugged Art: Daryl Vocat Rules of the Playground." Universe: York's Monthly for Faculty, Staff and Students 1.3 (2002). Web. 23 May 2010. <http://www.darylvocat.com/universe.htm>

Vocat, Daryl. DarrylVocat.com. Web. 20 May 2011. <http://www.darylvocat.com/>


  • * *
Pilling, Greg. "Opponents of the Controversial Book Revolutionary Voices are Asking the Wrong Question." The (New) Jersey Shore PFLAG Blog. 12 Aug. 2010. Web. 23 May 2011. <http://jerseyshorepflag.wordpress.com/2010/08/12/opponents-of-the-controversial-book-revolutionary-voices-are-asking-the-wrong-question/>

"The controversy centers around one particular image of a man bending over with another man standing behind him. Many people claim that the picture depicts a sexual act, however the author of the book says it is a stock image showing the first man hiking a football to the other. In reality, the image is a work called “A Process of Change” (sometimes called “Boy to Man” due to the phrase that appears in the work) by artist Daryl Vocat, and is in fact meant to be provocative. A look at some of his other work from the series “A Process of Change” is a part of makes it clear that the allusion to gay sex is neither coincidental nor a mistake. It seems that this is exactly what the artist wanted viewers to see."

(link to other works in the series, "Scout" by same artist: http://www.darylvocat.com/scout%20small.htm)

  • * *

Vocat, Daryl. "Scout." DarylVocat.com. Web. 23 May 2011 <http://www.darylvocat.com/scout small.htm>

"Robert Baden-Powell, 1st Baron Baden-Powell." Wikipedia. Wikimedia Foundation. Web. 23 May 2011. <http://en.wikipedia.org/wiki/Robert_Baden-Powell,_1st_Baron_Baden-Powell>
"Scout"
The artist, Daryl Vocat, writes about his series of etchings, "Scout" by opening with a quote by Robert Baden-Powell, the founder of the Boy Scout Movement, who said, "I have had the luck to lead two distinct lives," (Vocat). By evoking Baden-Powell, Vocat is likely making a veiled reference to the fact that Baden-Powell is said to have been a closet-homosexual ("Robert Baden-Powell, 1st Baron Baden-Powell"). Vocat adds that, "This work deals directly with sex, gender and sexuality in relation to boy culture and its various manifestations. There is a continual struggle between the boy I was expected to be, and the person I am today. In my work I reassess current notions of masculinity and boyhood."


  • * *
Flood, Alison. "School Ban on Gay Anthology Challenged by US Free Speech Organisations: New Jersey School's Decision to Remove Critically Acclaimed Collection from Library Shelves Sparks Major Backlash." The Guardian (Online). Guardian News and Media Ltd., 10 May 2010. Web. 23 May 2011. <http://www.guardian.co.uk/books/2010/may/10/gay-anthology-revolutionary-voices-censored>

""There are undoubtedly GLBTQ [gay, lesbian, bisexual, transgendered, and questioning] students at Rancocas Valley High School, regardless of whether they are openly recognised. Removing any of these titles would send a clear message to those students that they are the objects of social disapproval – different, vulnerable, and marginal – whose needs for information of particular relevance to their lives are not respected," wrote the directors of a collection of organisations to the school's board."
- - -
"The Philadelphia Inquirer reported that the local 9.12 group is now looking to get the same book removed from the Lenape regional high school district, the county's largest school district. But the paper said that students were "shrugging off" the controversy. "Just because these books are in the library isn't going to cause us to be gay," they said. "We have so much access to information, if we want to read something we'll read it.""

  • * *

Wertime, Geoffrey. "Gay Book Pulled at Library, Activists Stage Protests." The Princeton Packet (Centraljersey.com). 6 Aug. 2010. Web. 23 May 2011. Quoted in full at <http://www.mail-archive.com/transgender-news@googlegroups.com/msg09463.html>
"Mr. Monokian noted “Revolutionary Voices” is out of print and is somewhat expensive to buy online. Ms. Sweet said the county system was the only library in the area to have the book after it was removed from Rancocas Valley."

- - -
"Ms. Sweet said the regular process wasn’t followed in this case because it was an internal matter. “We made the decision in-house,” she said. “We were not pressure by anybody to do this.”

However, minutes from the April 27 Library Commission meeting describe the issue differently. Under the banner “new business,” it says, “The commissioners supported the staff recommendation that ‘Revolutionary Voices’ be removed from the library collection. The appropriateness had been questioned by a member of the public who is also questioning the inclusion of the book in high school libraries.”"





Connection to 9/12 Project: http://tpmmuckraker.talkingpointsmemo.com/2010/08/nj_public_library_removes_lgbt_book_after_request.php#more




Kinney, Monica Yant. "Working to Shelve Students' Book Choices." Philadelphia Inquirer (Online) 2 May 2010, Web. 22 May 2011.
<Quoted in full at http://blog.njla.org/archives/2010/05/working_to_shelve_students_boo.html>
EXCERPTS
"Marinelli insists she's "not a homophobe," just a "normal mother and grandmother" and former township committeewoman proud of her conservative beliefs. In the fall, she demonstrated against "indoctrination" at B. Bernice Young Elementary School in Burlington Township, scandalized by a video of pupils singing in praise of Obama.
"We did it," she told the Philadelphia Daily News, "for the children."
Adults always say that but rarely consult the kids - who, let's face it, are far more sophisticated than we were at their age.
Rancocas Valley Superintendent Michael Moskalski tells me he met with "key communicators" about the book battle. Students shrugged off the controversy.
Moskalski says the students told him: "Just because these books are in the library isn't going to cause us to be gay. We have so much access to information, if we want to read something we'll read it."
Even modern teens like old-fashioned rebellion. Ban Revolutionary Voices and I guarantee half the student body rushes to find a copy just for the thrill."




Other books in BCL Catalog re: Subject: Gay Teenagers

http://hip.bcls.lib.nj.us/ipac20/ipac.jsp?session=13D6F067T4232.1522&profile=hq&uindex=SW&term=Gay%20teenagers.&aspect=basic_search&menu=search&source=~!horizon









TAKE NOTES AND RESEARCH OSBORNE
FIND ABOUT WOODWORTH AND SWEET,

re: Beverly Marinelli
http://www.courierpostonline.com/article/20110423/NEWS01/104230350/2-Burlco-towns-ask-voters-20-percent-tax-hikes-avoid-layoffs

AND WHO IS PAT? Commissioner Patrick Delany

WHO IS MARGE (Assistant Director, Reference & Adult Services, Margaret Delaney) SOURCE
School Library Journal: http://www.schoollibraryjournal.com/slj/home/886066-312/nj_library_citing_child_pornography.html.csp: "Assistant director Margaret Delaney confirmed that she is the "Marge" mentioned in Sweet's email as also recommending the book's removal, but she's not allowed to talk about the situation..."Gail told me," says Delaney, when questioned about who instructed her not to speak about the book's removal."

Woodworth
http://www.libraryjournal.com/csp/cms/sites/LJ/LJInPrint/MoversAndShakers/profiles2010/moversandshakerswoodworth.csp
http://www.libraryjournal.com/lj/home/890502-264/petition_protesting_harpercollinss_ebook_circulation.html.csp


On July 28, the title was not listed in the BCLS catalog.
http://americanlibrariesmagazine.org/news/07282010/gay-anthology-ban-engulfs-burlington-county-public-library





Collection Development Policy for Burlington County Public Library (New Jersey)

Excerpts
"Management of the library's resources involves the continuous process of identifying the materials that will be added to or withdrawn from the collection."

The criteria staff is to consider 10 criteria in selection and retention, including:

  • "Literary, artistic or technical quality of the item as a whole
  • Educational, informational or recreational value
*
* Favorable reviews from standard sources or inclusion in relaible bibliographical tools
*
  • Relation to other materials in the collection in order to provide coverage of a wide range of ideas and varying points of view
*
* Reputation and importance of author, editor or artist..."

"The primary selection tools include Library Journal and Booklist..."
*
"Controversial Materials
The Burlington County Library has a responsibility to provide a comprehensive collection representing the widest range of ideas and viewpints, and has a commitment to the right of free access to information to all individuals. Therefore, the library has a responsibility to consider the addition of materials that some may find controversial or disagreeable because they are a reflection of our free and pluralistic society.

...Works are not normally excluded because of language or explicit text or illustrations if they meet the ["General Criteria" and "Guidelines for Selection.]

...When a reader deems something controversial or disagreeable, he/she should realize that the selection has been made with a different audience in mind."

Responsibility for the reading, listening or viewing choices of children or adolescents rests entirely with the parents or legal guardians. Selection of adult material will not be inhibited by the possibility that the material may be used by children or adolescents.

*
Any patron may request that the library review a decision to select or withdraw an item. Those who wish reconsideration of such a decision should complete the Request for Reconsideration Form (Appendix E). A committee of staff selectors as designated by the Library Director will review the material in question. Committee members will make their recommendations to the Director who will make the final decision concerning the material. The Director will notify the person requesting the reconsideration of the decision. If that person is not satisfied with the action taken, an appeal may be made to the Library Commission."

Lisa's Comments:
(Why do only staff members comprise the committee?)
(Other books in the BCLS system with subject "gay teenageres": http://hip.bcls.lib.nj.us/ipac20/ipac.jsp?session=130566M81X4E9.2412&profile=hq&uindex=SW&term=Gay%20teenagers.&aspect=basic_search&menu=search&source=~!horizon)

American Libraries Mag article
http://blog.librarylaw.com/files/rancocasvhspluscommentary.pdf

School Media Specialist Passes Sexual Content Review to Students; Dee Venuto Says It Is Discrimination to Keep Children From Material Including Lengthy, Vivid Descriptions of a Ménage a Trois
http://safelibraries.blogspot.com/2010/08/school-media-specialist-passes-sexual.html
  • "Dee Venuto spoke publicly at an ALA annual meeting about how my SafeLibraries blog is changing her library profession. In doing so she remarked that I "seek to educate people and politicians about who controls the public library and that citizens should, not the ALA." [N4] However, as soon as she figured out something was afoot at her school, she sidestepped her own administration and went straight to the ALA. [N5] The ALA then contacted all 50 state library associations to encourage them to get involved. [N6]"
  • "Given the above, it appears that a public school media specialist admits to and explains why she is not performing her work she states is her job. It appears she intentionally exposes school children to potentially inappropriate material. It appears she holds the ALA to be a higher authority than her own school district and is guided by the ALA, including by its view that it is discrimination to keep children from inappropriate material, a policy that may violate local policy and common sense. It also appears she and the ALA have misled the public, including failing to disclose that school library materials may be removed if they do not meet the school's selection policy.
  • That's my view. What's yours? "




The book as a whole without the picture in question...

However, this picture could be determined by a court of law to be "virtual child pornography"

PROTECT Act

New Jersey Law (http://www.safelibraries.org/harmful_to_minors_laws_vis-a-vis_librarians.htm and http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/34-3.html), Harmful to minors (perhaps justification for moving to adult section) and ALA / Parental responsibility and role of govt to assist

Ethics, Availability of similar materials via different media... (annoyed librian)

Conclusion and recommendation to Director (the Toronto artist has many works, it is unfortunate that this one was chosen for this book) (undue burden to community to expect to go to court for each challenge as ALA would have libraries essentially require since ALA only gives authority to courts for determining obscenity) ... suggest an alternative to replace the book per Moeller's May 25 lecture: "when you’re in the process of selecting, look at the positives of the materials in question, not the negatives. Ask yourself how this material is going to make your collection more balanced as opposed to thinking of reasons why you should exclude it. "

  • * *


Source Consulted

Cohen, Henry. "Freedom of Speech and Press: Exceptions to the First Amendment." Congressional Research Sevice (CRS) Report, 95-815. 16 Oct. 2009. Web. 23 May 2010. <http://www.fas.org/sgp/crs/misc/95-815.pdf>

Cohen, Henry. "Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues." Congressional Research Sevice (CRS) Report, 98-670 A. Updated 24 Mar. 2004. Web. 23 May 2010.<http://ipmall.info/hosted_resources/crs/98-670_040324.pdf>

Kornegay, James Nicholas. "Protecting Our Children and the Constitution: An Analysis of the 'Virtual' Child Pornography Provisions of the PROTECT Act of 2003." William & Mary Law Review 47.6 (2006)" 2129-2167. Web. 23 May 2011 <http://scholarship.law.wm.edu/wmlr/vol47/iss6/7>
Reno v. American Civil Liberties Union. 521 U.S. 844. U.S. Sup. Ct. 1997.



Lisa's Notes:

As we all know, the First Amendment provides no protection to obscenity or to child pornography (or material that visually depicts sexual conduct by minors, even if not obscene). As we have also discussed in previous meetings, among the other types of speech that may not be fully protected by the First Amendment is that which is harmful to minors and "virtual child pornography".





When Congress passed the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT Act, Pub.L. 108-21, 117 Stat. 650, S. 151, enacted April 30, 2003), this was done "as a response to the Supreme Court's 2002 decision in Ashcroft v. Free Speech Coalition, which held unconstitutionally overbroad two provisions of the Child Pornography Prevention Act of 1996 (CPPA) relating to what material could permissibly be described as child pornography" (Kornegay). Since the passage of the PROTECT Act, the constitionality of certain portions in the Act has been debated by law scholars and a few court cases have addressed some of these same provisions. As a result of Title IV of of the PROTECT Act and the amendment of 18 U.S.C. § 2259 to reflect the provisions of the Act, we must consider class of child pornography which need not involve the use of actual children (or, in the terms provided by 18 U.S.C. § 2259 a "photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct") J.N. Kornegay points out that "...the provisions for depictions of what 'appears to be' a
minor engaged in certain sexually explicit acts under [the PROTECT Act] require only that the image 'lack[] serious literary, artistic, political,
or scientific value' rather than be 'obscene' or explicitly spell out the three tests under Miller." Because of this lack of the three-prong test for obscenity, legal scholars such as Kornegay believe that the Court will eventually rule that this is one of the provisions of the PROTECT Act this is unconstitutional under the First Amendment protection of Speech.


While child pornography that uses actual children does not need to be put to the Miller test, Ashcroft v. Free Speech Coalition suggests that the PROTECT Act's provisions for "virtual child pornography" that requiring only a one-pronged test will ultimately be determined as _, as the Court found in the Child Pornography Prevention Act of 1996's (CPPA's) provisions dealing with "virtual child pornography." In other words, the Ashcroft case found that "Child pornography, to be unprotected by the First Amendment, must either be obscene or depict actual children engaged in, sexual activity (including 'lascivious'
poses), or actual children whose images have been 'morphed' to make it appear that the children are engaged in sexual activity" (Cohen, "Obscenity").




Regarding the PROTECT Act's one-prong test for this particular kind of child pornography (sometimes referred to as "virtual child pornography"), that is, whether the item in question as a whole "lacks serious literary, artistic, political, or scientific value," the question becomes how does one make this determination? In a court of law, both sides would present expert witnesses to attempt to prove their case.

FIND MILLER CITATION


However, in terms of an audience of minors (HARMFUL TO MINORS) ....

In Gertz v. Robert Welch, Inc. (1974), the Court recognized that "there is a compelling interest in protecting the physical and psychological well-being of minors.” The Courts have gone on to clarify that this protection of minors must be done “‘by narrowly drawn regulations without unnecessarily interfering with First
Amendment freedoms.’ It is not enough to show that the government’s ends are compelling; the means must be carefully tailored to achieved those ends” (as quoted in Cohen, "Freedom of Speech...", citations omitted). Whether or not the speech is obscene was to adults, certain speech can be determined, therefore, as "harmful to minors" and not be given the same full protection of the First Amendment as the same speech might enjoy in the abscence of a child-audience.

On the other hand, the Court in Reno v. American Civil Liberties Union (1997) found that:

...We have repeatedly recognized the governmental interest in protecting children from harmful materials. But that interest does not justify an unnecessarily broad suppression of speech addressed to adults. . .The Government may not reduce the adult population . . .to . . . only what is fit for children, the level of discourse reaching a mailbox cannot be limited to that which would be suitable for a sandbox. . .The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.











New Jersey laws _

Regardless of the fact that this particular piece is contained within the context of a book, _

Harmful to minors laws



Regardless of whether Vocat's "Process of Change" is derived from an actual photograph of a man sexually abusing a young boy, it is a photograph that is intentionally produced in such a way that "appears to be...of a minor engaging in sexually explicit conduct." Therefore, under the PROTECT Act, the question remains wehther Vocat's piece also "lack[] serious literary, artistic, political, or scientific value."


Perhaps one day in the future, the Court may find that certain portions of Title IV of the PROTECT Act do not hold up to the First Amendment, however, today, we must make our decision while consider this law and try follow it.









Obscenity Laws in New Jersey
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=37064919&Depth=4&TD=WRAP&advquery=obscene&headingswithhits=on&infobase=statutes.nfo&rank=&record={190F}&softpage=Q_Frame_Pg42&wordsaroundhits=2&x=0&y=0&zz=

ALA and Obscenity Laws:
"The second restriction on minors' right to receive information, more immediately relevant to the library filtering issue, is that states may deem certain materials "obscene" for minors even if the materials are protected for adults."
http://www.ala.org/ala/aboutala/offices/oif/ifissues/issuesrelatedlinks/minorsrights.cfm


Book aimed at gay teens banned from N.J. public library after complaints from Glenn Beck supporter
http://ibloga.blogspot.com/2010/08/bloggers-do-make-difference.html
http://the912-project.com/
Libraries ban books Glenn Beck doesn’t
http://madmikesamerica.com/2010/08/libraries-ban-books-glenn-beck-doesnt-like/


Parents Against Bad Books in Schools
http://www.pabbis.com/links.html



Most Oppose Explicit Books in Public Schools Says Harris Poll (re: Most Americans Opposed to Banning Any Books)
http://safelibraries.blogspot.com/2011/04/most-oppose-explicit-books-in-public.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Safelibraries+%28SafeLibraries%29

See also

Tell Burlington County (NJ) to end the campaign of homophobia and book-banning
http://robertgoodis.com/blog/category/general-information/action/
NJ Library, Citing Child Pornography, Removes GLBT Book
http://www.schoollibraryjournal.com/slj/home/886066-312/nj_library_citing_child_pornography.html.csp
2011 Jefferson Muzzle "Winners"" What do you mean, ‘No such book’? It was here last week!
http://censorshipdown.blogspot.com/2011/04/2011-jefferson-muzzle-winners.html
Revolutionary Voices 2.0: Toward a new edition
http://bannedlibrarian.wordpress.com/2011/04/19/revolutionary-voices-2-0-toward-a-new-edition/
2 Pennies: Amy Sonnie on ALA’s ‘Most Frequently Challenged’ List
http://bannedlibrarian.wordpress.com/2011/04/19/2-pennies-amy-sonnie-on-alas-most-frequently-challenged-list/
Opponents of the controversial book Revolutionary Voices are asking the wrong question
http://jerseyshorepflag.wordpress.com/2010/08/12/opponents-of-the-controversial-book-revolutionary-voices-are-asking-the-wrong-question/
Burlco School Board Bans Book on Homosexuality
http://ndlaonline.org/ifblog/?p=672
Taking a Stand: The Value of Going Public
by Dee Venuto, Media Center Coordinator, Rancocas Valley Regional High School
http://www.ilovelibraries.org/news/bbw/bbw3.cfm

Revolutionary Voices
http://yzocaet.blogspot.com/2010/06/revolutionary-voices.html
Quick interview with banned librarian, Amy Sonnie
http://blog.librarylaw.com/librarylaw/2009/01/quick-interview-with-amy-sonnie-the-banned-librarian.html
Cross Section of a Revolution: an Interview with Amy Sonnie, Editor of a New Queer Youth Anthology
http://www.alternet.org/wiretap/10206/
A history of the banning from the side of supporters of the book
http://www.revolutionaryreadings.com/a-history.html






Rancocas Valley High School